We would love to share the photo of you #OutThere using Kathmandu apparel and gear! Before we can though, we need your permission.
The Kathmandu brand was born in 1987 and is now a leading outdoor brand in Australia and New Zealand. Kathmandu Pty. Ltd. (ACN 007 047 547) is an Australian company which, along with its related entities, comprise the KMD Brands Group. You can find more information on the KMD Brands Group here.
In these terms, “we”, “us” and “our” refer to any one or more of the entities in the KMD Brands Group.
What do these terms relate to?
These terms relate to content (including photos, videos and posts) which you have posted on a website or platform and we have (or one of our service providers has) requested to use (the “Content”). You can agree to us using the Content by replying #YesKathmandu to a request from us, or on our behalf, to use the Content.
What are the relevant terms?
If you reply #YesKathmandu to a request from us, or on our behalf, to use the Content, you:
1. acknowledge that you have read and agree to these terms;
2. acknowledge that you have read and agree to the Kathmandu Group privacy statement. The Kathmandu Group privacy statement is available here;
3. grant to Kathmandu Pty. Ltd. and each of its related entity (each a “Group Entity”) a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable and sub-licensable licence to use the Content in any way that it determines, including in any media. Without limiting the previous sentence, each Group Entity is permitted to:
(i) publish the Content in any way without your approval;
(ii) change the Content in any way without your approval; and
(iii) allow each of its service providers and any person acting on its behalf to use the Content in any way;
4. agree that each Group Entity:
(i) can use any username, handle or other means by which you identify yourself;
(ii) is permitted to disclose any username, handle or other means by which you identify yourself; and
(iii) is not required to credit the Content to you;
5. agree not to:
(i) assert that your moral rights (or any equivalent rights) have been infringed by us; or
(ii) bring a claim against us in relation to our use of the Content in accordance with these terms;
6. to the extent permitted by law, agree that we have no liability to you in relation to our use of the Content in accordance with these terms;
7. acknowledge and agree that:
(i) the Content may be available to anyone with access to one or more of our websites;
(ii) we may use the Content for commercial purposes;
(iii) you do not have any right to review or object to our use of the Content; and
(iv) you will not receive any payment in relation to any use of the Content by us;
8. agree and represent and warrant that:
(i) any use of the Content by us will not infringe your intellectual property or other rights or the intellectual property or other rights of any third party;
(ii) if you do not own the Content, you have obtained any consent required to agree to these terms and permit us to use the Content;
(iii) you have obtained the consent of any other individual who appears in the Content (or, if they are a child, their parent); and
(iv) you are over the age of 18 and there is no restriction on you agreeing to these terms;
9. agree that these terms may be amended at any time without notice to you and that amendments to these terms will come into effect on the date they are published on one or more of our websites; and
10. agree that:
(i) these terms are governed by, and to be interpreted solely in accordance with, the laws of the State of Victoria, Australia;
(ii) in the event of any dispute arising in relation to these terms, you submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia, and any court hearing appeals from those court; and
(iii) if, for any reason, any clause of these terms is not effective or binding all other clauses remain effective and binding.
Can I change my mind?
You can request that we no longer use the Content by contacting: email@example.com and providing a link to the Content. If you make such a request, we will use reasonable endeavours to cease using the Content, however this may not always be possible.